MINUTES OF THE REGULAR MEETING OF THE BRAZORIA COUNTY GROUNDWATER CONSERVATION DISTRICT

August 9, 2007

The Board of Directors of the Brazoria County Groundwater Conservation District met in Regular Session on the 9th day of August, 2007, at 2:00 p.m. in the Brazoria County Groundwater Conservation District Office, 451 N. Velasco Street, 2 nd Floor, Suite 290, Angleton, , within the boundaries of the District and the roll was called of the duly constituted members of the Board, to wit:

Dennis R. Ferguson President John Pyburn Vice President Raymond Felder Secretary Donald R. Mudd Assistant Secretary Glenn A. Garrison Director

Directors Pyburn, Felder and Mudd were present, thus constituting a quorum. Directors Ferguson and Garrison were absent.

Also present for all or part of the meeting were the following: Kent Burkett, Administrative Consultant for the District and Sherry Plentl, Administrative Assistant for the District, Rebecca Black, Ron Goolsby, Tom Tomblin, and Mark Galvan of ESX, Inc.

The meeting was called to order at 2:08 p.m.

ORDER 07-08-01 APPROVE MINUTES:

Motion by Director Mudd, Seconded by Director Felder that the Minutes from the meeting on July 12, 2007 be approved as presented. Motion approved with all present voting aye.

The meeting was opened to receive public comments. Ron Goolsby and Tom Tomblin spoke and Mr. Tomblin presented a petition to the Board containing names of Brazoria County residents opposing a District proposal to require pressure cementing of new wells.

ORDER 07-08-02 APPROVE INVOICES FOR PAYMENT:

Motion by Director Pyburn; Seconded by Director Felder that the invoices presented be approved for payment. Motion approved with all present voting aye.

ORDER 07-08-03 AUTHORIZE ADMINISTRATIVE ASSISTANT TO PROCESS ROUTINE INVOICES:

Motion by Director Felder; Seconded by Director Pyburn that the Board authorize the District Administrative Assistant to process routine monthly invoices for payment in order to avoid late payment charges with payment of said invoices to be ratified by the Board at the next meeting. Further that the Board sets a dollar limit on invoices to be processed in this manner in an amount not to exceed $500.00 total per month. The motion was approved with all present voting aye.

ORDER 07-08-04 AGREEMENT WITH HARRIS-GALVESTON SUBSIDENCE DISTRICT:

Motion by Director Mudd; Seconded by Director Pyburn that the Board approve the Agreement with Harris-Galveston Subsidence District for the use of the Subsidence District’s Permit Tracking System software coding for use relating to permitting operations of the Brazoria County Groundwater Conservation District at no cost per the terms of the letter agreement and further authorize Kent Burkett, the District’s Administrative Consultant to sign said Agreement on behalf of the District. Motion approved with all present voting aye.

ORDER 07-08-05 MASTER SERVICE AGREEMENT WITH ESX, INC.:

Motion by Director Felder; Seconded by Director Pyburn that the Board approve the Master Service Agreement with ESX Engineering to provide services in regard to the District’s website / database in an estimated amount not to exceed $8,000.00, and authorize Board Vice-President John Pyburn to sign the Agreement on behalf of the District. Motion to Amend by Director Felder, Seconded by Director Mudd to table this item until the September 13, 2007 meeting at which time the Board will consider the total package proposal. Motion approved with all present voting aye.

ORDER 07-08-06 OPEN PUBLIC HEARING REGARDING PERMIT APPLICATIONS:

Motion by Director Pyburn; Seconded by Director Felder that a pubic hearing to consider the following permit applications be OPENED:

1. Cabot Cove c/o Lake Management Services, LP P. O. Box 1309 Richmond, TX 77406 Existing well used for lake makeup

2. Southern Trails RAI (West) P. O. Box 219223 , TX 77218 New well to be used for lake makeup 3. City of Oyster Creek 3210 FM 523 Oyster Creek, TX 77541 Existing public supply wells serving City

Motion approved with all present voting aye.

ORDER 07-08-07 CLOSE PUBLIC HEARING REGARDING PERMIT APPLICATIONS:

Motion by Director Felder; Seconded by Director Mudd that the public hearing to consider the following permit applications be CLOSED:

1. Cabot Cove c/o Lake Management Services, LP P. O. Box 1309 Richmond, TX 77406 Existing well used for lake makeup

2. Southern Trails RAI (West) P. O. Box 219223 Houston, TX 77218

New well to be used for lake makeup 3. City of Oyster Creek 3210 FM 523 Oyster Creek, TX 77541 Existing public supply wells serving City

Motion approved with all present voting aye.

ORDER 07-08-08 APPROVE PERMIT APPLICATIONS:

Motion by Director Pyburn; Seconded by Director Mudd that the following permit applications be APPROVED:

1. Cabot Cove c/o Lake Management Services, LP P. O. Box 1309 Richmond, TX 77406 Existing well used for lake makeup

2. Southern Trails RAI (West) P. O. Box 219223 Houston, TX 77218 New well to be used for lake makeup

3. City of Oyster Creek 3210 FM 523 Oyster Creek, TX 77541 Existing public supply wells serving City

Motion approved with all present voting aye.

ORDER 07-08-09 SET HEARING DATE FOR PERMIT APPLICATIONS:

Motion by Director Felder; Seconded by Director Mudd that the following permit applications be set for hearing at the next meeting of the Board of Directors on Thursday, September 13, 2007 at 2:00 p.m. in the District Office and that the applicants be duly notified:

1. Freeport LNG c/o H B Zachry 1194 CR 723 Freeport, TX 77541 New industrial well

2. Texas Department of Criminal Justice P. O. Box 4011 Huntsville, TX 77342 Existing wells: 1, 2 & 3 @ 1 @ Scott Unit 1, 2A & 3A @ 1 @ 1 @

3. Rhodia, Inc. 6213 SH 332 E Freeport, TX 77541 Existing industrial well @ plant

Motion approved with all voting aye.

ANNOUNCEMENTS:

A. A public hearing regarding the adoption of District Rules, As Amended will be held on Thursday, September 13, 2007 at 2:00 p.m. in the District Office

ORDER 07-08-10 ADJOURN:

As there were no further matters to be had, Director Mudd made the motion to adjourn. The motion was seconded by Director Felder. All present voting aye. The meeting was adjourned at 3:50 p.m.

______Raymond D. Felder, Secretary Board of Directors